N.Y. Railroad Law § 192-a: Relocation of tracks

§ 192-a. Relocation of tracks. In any city having a population of one

million or more, the board of estimate of such city, or if there be no

board of estimate, the local authorities of such city having control of

the streets shall have the power to apply to the commissioner of

transportation for an order directing any street railroad corporation to

change the location of its tracks within any street or highway forming a

part of its route in a borough of such city containing not less than

three hundred thousand or more than six hundred thousand inhabitants,

where in the judgment of such commissioner of transportation the

relocation of such tracks is necessary in connection with the

maintenance, widening, change of grade, setting back of curb lines or

other proper improvement of such street or highway. Any street railroad

corporation operating as aforesaid, shall, at such time as the

commissioner of transportation shall direct, start work upon the change

of the location of its tracks to the place and in the manner directed by

the commissioner of transportation and shall complete such change within

a reasonable time thereafter. The relocation of any track in accordance

with the provisions of this section shall not limit, change or in any

wise affect or prejudice the existing rights or franchises of any street

railroad corporation, and such corporation shall have the same right to

operate its railroad on the relocated route in the same manner and to

the same extent as it had the right so to do on the original route.

The cost and expense of the relocation of such railroad tracks shall

be imposed and borne in such manner as the commissioner of

transportation may determine before, during or subsequent to such

relocation. In determining such cost and expense, such commissioner of

transportation may take into consideration the fact that such road was

located before such street was laid out.